Login Register

Gunga Baya & Said Baya v. Republic

(2015) JELR 105469 (CA)

Court of Appeal  •  Criminal Appeal 53 of 2014  •  3 Jul 2015  •  Kenya

Martha Karambu Koome, Hannah Magondi Okwengu, George Benedict Maina Kariuki



[1] Gunga Baya and Said Baya who are the 1stand 2nd appellant in this appeal were tried and convicted by the High Court sitting in Malindi (Meoli, J.), for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The information upon which the appellants were arraigned in court alleged that on the 2nd August, 2012, at Bomani village in Magarini District within Kilifi County, jointly with others not before court, they murdered John Baya.

[2] The trial judge having heard the evidence of four prosecution witnesses, and the unsworn statement of defence of the two appellants, found the appellants guilty and sentenced each to suffer death as by law provided. The appellants have now appealed to this Court each separately raising four grounds of appeal that are identical. In short, the appellants faulted the trial judge for convicting each of them on inconsistent and contradictory evidence, and accepting that the appellants had a grudge aga…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login